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British Columbia’s Water Sustainability Act and regulations Southern Interior Local Government Association April 22, 2016 Tina Neale Ministry of Environment 1
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Background New laws & regulations Water Sustainability Act basics Groundwater licensing Aquatic ecosystems Managing during scarcity Water pricing Questions Overview 2
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Our water is under pressure… Naturally flow sensitive areas Population growth Urbanization Climate change Water allocation restrictions Competing demands 3
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Process to Date 2008 2010 2011 2014 2015 Feb. 29, 2016
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In force February 29, 2016 Repeals & replaces the Water Act Re-enacts water rights system New measures to: -protect stream health -regulate groundwater -manage water use during times of scarcity -expand opportunities to participate in decision-making Water Sustainability Act (WSA) 5
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How have the laws changed? Water Act Fish Protection Act Water Sustainability Act Water Users’ Communities Act Riparian Areas Protection Act 6
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WSA regulations at a glance 7 Water Sustainability Water licensing, diversion & use of water Transition of existing groundwater use Changes in & about a stream Use of water for well drilling Use of deep groundwater Fees, Rentals & Charges Tariff Fees & rentals schedule Exemptions from fees & rentals Administration of fees & rentals Groundwater Protection Registration of well drillers & well pump installers Well construction & identification Well pumps & related works Well operation & maintenance Well deactivation & decommissioning Well Reports Dam Safety Dam failure consequence classification Responsibilities of dam owners Operation & maintenance Dam monitoring & safety review Emergency plans
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WSA regulates in three key areas 8
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9 The WSA and local governments 9 Water utility operations Establishing rights for groundwater Obligations related to wells and dams Essential household needs protected Improved resource management Opportunities for greater role in planning and governance
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10 What are the key changes? Groundwater and hydraulic connectivity Expanded groundwater protection measures Stronger protection for aquatic ecosystems New water fees and rentals Enhanced dam safety 10
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Managing one water resource Surface water & groundwater under the same system Hydraulic connection between surface water & groundwater considered – When licensing water use – When regulating water use during shortages 11
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For water users: – Water rights for groundwater – Equity with stream water users – Help to reduce conflicts during times of scarcity For water management: – Better information on water use – Integrated management of stream and groundwater – Establish conditions for water use Benefits of including groundwater
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Licensing groundwater use Licence or use approval required for non-domestic groundwater use – Irrigation, industrial, commercial, etc. Domestic groundwater use exempt – Domestic includes household use, fire prevention, pets & livestock for household use, garden & lawn irrigation Apply at FrontCounterBC.gov.bc.caFrontCounterBC.gov.bc.ca Application fees and annual rentals payable 13
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Pre-existing groundwater use Number and distribution of wells in BC
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Enhanced groundwater protection 15 New well construction requirements Qualifications for well drillers and pump installers Flowing artesian wells must be controlled New well pits restricted Well maintenance obligations for owners Mandatory well report s
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Protecting aquatic ecosystems Environmental flow needs – Must consider in licensing decisions – Discretion to consider when licensing existing groundwater use Temporary protection orders (during shortages) Water reservations for conservation purpose 16
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Short term tools – FITFIR and ‘taking action’ – Essential household needs – Critical environmental flows – Fish population protection orders Longer-term measures – Area based regulations – Water objectives – Water sustainability plans WSA tools related to drought
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Water fees and rentals Fees and rentals increase for all water use purposes Same fees apply to surface water and groundwater users Based on quantity and water use purpose Changes in effect as of Feb. 29, 2016 Ongoing review of fees and program costs 18
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Fee and rental rate examples 19 Example UseVolume (1000m 3 /year) Water Act annual rental WSA annual rental Domestic stream water use 0.7$25$50 Forage crop irrigation (120 acres) 444$266$377 Municipal water supply – population 120,000 23,000$25,000$52,000 Pulp mill300,000$255,000$349,500
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First Nations and the WSA Fee/rental exemptions for water use on reserve and Treaty lands Licences required for surface water and groundwater use on reserve and Treaty lands Consideration of First Nation uses of water (including spiritual/cultural) in the review of water licence applications Provisions for Water Sustainability Plans that can incorporate traditional ecological knowledge 20
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Next steps Focus on operational needs, how to apply new tools Communications, outreach Further policy and regulation development – Livestock watering – Measuring and reporting – Water Objectives – Water Sustainability Plans – Governance – Dedicated Agricultural Water Engage with First Nations and stakeholders (late 2016 and beyond) 21
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Water Sustainability Act and regulations: www.gov.bc.ca/water Apply for a groundwater licence at: FrontCounterBC www.frontcounterbc.gov.bc.ca/ FrontCounterBC@gov.bc.ca 1-877-855-3222 www.gov.bc.ca/water www.frontcounterbc.gov.bc.ca/ FrontCounterBC@gov.bc.ca Thank you! Comments, questions, more information: 22
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